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To: | Mr. Milan Djuric, President of the Executive Board
Bosanski Novi/Novi Grad |
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Sarajevo, November 29, 1999
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Dear Mr. Milan Djuric,
For reasons outlined in the attached Decision, we herewith notify you of the
following: under the powers vested in the High Representative, you are
removed from public office with immediate effect. In addition, in accordance
with the Provisional Election Commission Rules and Regulations, this
Decision bars you from being a candidate in the upcoming municipal
elections.
It is with great regret that we are forced to acknowledge that during your
term in office not only have you failed to show any commitment to the
implementation of the General Framework Agreement for Peace, but you have
also seriously and persistently obstructed its implementation.
Sincerely,
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Wolfgang Petritsch | Robert L. Barry |
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High Representative | Chairman of the PEC |
| | OSCE Head of Mission |
In the exercise of the powers vested in the High Representative by Article 5
of the Annex 10 of the General Framework Agreement for Peace in Bosnia and
Herzegovina, according to which the High Representative 'is the final
authority in the theater regarding interpretation of [the] Agreement on the
civilian implementation of the peace agreement';
Endorsing the interpretation of these powers given in paragraph XI, 2 of the
Conclusions of the Peace Implementation Conference held in Bonn on 10
December 1997, in particular, sub-paragraph c thereof, by means of which the
High Representative is entitled to take actions against persons holding
public office who are found by the High Representative to be in violation of
legal commitments made under the Peace Agreement or the terms of its
implementation;
Noting the reiteration of the acknowledgement of such powers by the Peace
Implementation Council in Chapter X of the Annex to the Madrid Declaration
of 16 December 1998;
Considering the mandate entrusted with the Provisional Election Commission
under Article III of the Annex 3 to the General Framework Agreement for
Peace in Bosnia and Herzegovina and Article 7.10 of the Rules and
Regulations adopted thereafter which provides that no person who has been
removed by the High Representative shall be permitted to be a candidate in
the elections.
We hereby issue the following
Decision
To remove Mr.Milan Djuric from his position of President of the Executive
Board of Bosanski Novi/Novi Grad and to ban him from being a candidate for
the next municipal elections or to hold any executive office at any level,
unless authorised to do so.
This Decision has immediate effect.
Reasons for removal
Mr. Milan Djuric, in his capacity of President of the Executive Board, has
abused his power by persistently and seriously obstructing the General
Framework Agreement for Peace. By pursuing an extra-legal agenda, he has
consistently refused to take ownership of the laws of Bosnia and
Herzegovina.
In particular
- Mr. Milan Djuric has failed to take measures against those
responsible and involved in the Japra Valley incidents against Bosniak
return in April 1998. Among those involved are people on the pay roll of
the municipality. By maintaining these people on the municipal pay roll,
Mr. Milan Djuric has endorsed their actions.
- Mr. Milan Djuric has obstructed the work of the local OMI by
limiting the officers' access to information concerning socially owned
apartments. His decision to request the dismissal of the former OMI at the
request of the Serb DP Association "Ostanak" and take into consideration the
uncompromising demands of this Association, throw doubts on Mr. Djuric's
commitment to a strict implementation of the property laws. These doubts
have been reinforced by a number of property implementation related cases
where the appropriate municipal bodies have refused to assume its
responsibilities.
All of the above establishes a disturbing and unacceptable pattern of
deliberate attempts to obstruct the implementation of the General Framework
Agreement for Peace. For these reasons, we hereby remove Mr. Milan Djuric
from the position of President of the Executive Board Bosanski Novi/Novi
Grad. The Decision will be effective immediately and will not require any
further procedural steps.
The position left vacant by Mr. Milan Djuric's removal will be filled by the
Municipal Assembly in accordance with the legal regulations governing this
election. In order to protect the institution to which a replacement is to
be elected, no further actions are to be taken by the relevant authorities
until OHR and OSCE communicate that there are no objections and that the
proposed name can proceed further through the legislative process. Until the
Municipal Assembly elects a new President of the Executive Board, the Vice
President of the Executive Board will act in a caretaker capacity.
Sarajevo, 29 November 1999
|
Wolfgang Petritsch | Robert L. Barry |
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High Representative | Chairman of the PEC |
| | OSCE Head of Mission |
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